Had an Accident at Work?
What's the hurry in making claim?
By Law, you have 3 years to make a claim. Though making a claim if you have had an accident at work whilst it is still fresh in people's minds really helps your personal injury claim. Often any witnesses who saw what happened are still employed. Accident books are still available. CCTV if used is still available. All of these things support your claim and are far easier to produce now rather than in 2 or 3 years time.
It is not just the injury. That in its self is bad enough, but there are the worry and stress about being able to pay your bills if you are unable to work. That is fine if you have a good employer who agrees to pay you full pay whilst you are off. Not so good if you are self-employed or your employer only pays SSP.
Making your claim right now won't mean it will pay out straight away. However, the sooner you start a personal injury claim. The sooner you will receive your no-win no-fee compensation payout.
How long will my claim take?
A personal injury claim for an accident at work can take 6-8 months for a minor injury to upwards of 5-6 years for a serious and complicated injury claim. However, in certain circumstances, you may be able to receive an interim payment (a lump sum even before you work accident claim has actually settled). You will need to discuss this directly with your local Surrey Solicitor. If agreed you will be paid this in advance of any compensation you receive.
But will I get into trouble with my employer if I claim against them?
From a legal standpoint, your employer cannot discipline you or sack you for making a personal injury claim. All employers are required to have employer liability insurance in place and whilst your claim is against your employer the insurer will pay. Allot will depend on the seriousness of your injury, along with how your employer deals with you. From a secondary point if they were negligent then making an injury claim for your work accident generally results in what caused your accident to be changed or improved. Making a personal injury claim can help prevent your fellow work colleagues being injured in a similar way.
From a secondary standpoint if they were negligent then making an injury claim for your work accident generally results in what caused your accident to being changed or improved. In this way making a claim you can help prevent your fellow work colleagues being injured in a similar way.
Death and serious injuries have been massively reduced in the workplace over the last 20 years as a direct result of people who were injured like you making an injury claim. This has brought about changes in Health and Safety regulations that force employers into making proactive risk assessments and changes to prevent future injuries.
Fill in the contact form on this page or ring: 08001956387 now.
Accidents At Work
There are many types of accidents at work.
The key test as to whether you have a claim though is fairly straightforward. Would a normal person have perceived the risk and prevented your accident at work without any excessive cost to the company? In other words, your company should do regular risk assessments on all aspects and all areas of your work. It does not matter if your place of work is a fixed place, or a building or even on the road. In doing so if there are/were risks involved in what you do or what you could do then changes should have been made to avoid and such risks.
Simple examples are:
a). Employees who are working in a warehouse and during the summer months starts wearing sandals. This is noticed by the management but they do nothing. A few days later an employee injures their toes when a box drops on them. This accident at work could have been avoided (even though they chose to wear sandals in a warehouse). The injury could have been avoided if the company policy and health and safety had been followed and enforced by the management.
b.) The carpet in the office is a little old and worn with patches showing. Despite regular 3 months/ 6 months risk assessments it was not noticed or if noticed was not picked up. An employee gets up to walk across the office to the kitchen to make a coffee and catches their foot in the patch and takes a fall and is injured. This accident at work could have been avoided and so will have a claim.
c.) An employee drives various vans depending on which one is allocated to him on a daily basis by his company. On this particular day, the client was exiting the van on a drop off when his foot slipped on a worn step on the van. The employee should have a claim as this accident at work could have been avoided if the van was maintained correctly.
d.) An employee works on the production line at a factory. The conveyor has certain guards in place to prevent clothes and limbs being dragged into the machine. However, the company has removed a few guards to speed up production as a big order has come in. The employee was reaching over to clear a blockage when they got dragged into the machine and is injured. The employee has a claim as the guards are there to prevent this accident at work type claim.
As you can see there are many ways a company can be liable for their employee's injuries. Generally, the duty of care is highest with the employer. Please visit our FAQ's page for further information on all aspects of making an accident at work claim.
If you have been injured in an accident at work then find out more and ring today.